Court saves new Nigerian Governor

Nnamdi Felix / Abuja

A Federal High Court sitting in Abuja has declined a request to make an order stopping the Kogi state governor, Idris Wada, from parading himself as the governor and from carrying out all official duties attached to such office.

A failed aspirant for that office under the platform of the Peoples Democratic Party, PDP, Mr. Oyebode Makinde, through his counsel, Dr. Alex Izinyon, a senior advocate of Nigeria had brought the application through a motion ex-parte asking the court to restrain Wada from carrying on with the duties of the governor on ground that his inauguration was unconstitutional.

Mr. Makinde also joined the Independent National Electoral Commission, INEC, Peoples Democratic Party PDP, Idris Wada, the speaker of the house of assembly, Commissioner of Police, Chief Judge and the Grand Khadi, all of Kogi state as respondents.

At the hearing of the matter on Thursday, the presiding judge, Justice Donaltus Okorowo stated that after perusing Mr. Makinde’s application as well as having listened to his lawyer’s submissions, that it was clear that two persons are laying claim to the office of the governor of Kogi state and noted that Makinde is seeking to restrain Wada from being inaugurated into the office of the governor.

The judge observed that Makinde is not laying claim to the seat of the governor but rather saying that he would submit himself to a fresh primary if the inauguration is quashed.

“It is therefore on this note that I decline prayers for an order restraining Wada from assuming or parading himself as the governor of the state and hereby order the applicant to put all respondents on notice”

The court also granted an order of accelerated hearing into the substantive matter and also abridged time for the filing and exchange of processes.

The matter was subsequently adjourned to February 8.

Earlier the court had stopped counsel to Wada, Mr. Chris Uche, also a senior advocate of Nigeria, from making any submission saying that going by the rules of the court,the application before it is an ex-parte and thus the lawyer does not have a right of audience.

In the Originating Summon filed by Mr. Makinde, he wants the court to determine whether, having regard to the provision of paragraph 15(a) – (i) of the 3rd Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), section 178(2), Section 191(2) of the same Constitution and section 31 of the Electoral Act, 2010 (as amended) that INEC’s press statement of 30/1/12 that Wada should be sworn in as the Governor of Kogi State based on the election of 3/12/11 is not unconstitutional, void and ultra vires.